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Authors: Dean King

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BOOK: Every Man Will Do His Duty
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I have not perhaps had as long a servitude as Captain Hillyar; nor was it necessary I should, to learn honour and humanity. I deem it only necessary to say, that, of the many prisoners who have fallen into my hands since hostilities commenced between the United States and Great Britain, none have been confined but for my own security; or otherwise punished but when they deserved it.

I HAVE THE HONOUR TO BE, &C.

(Signed) D. PORTER.

Our next meeting on shore, after this correspondence, was, however, very cordial. I made a proposition to put all my prisoners on board one of
my prizes, without a cargo, and send her to England, with a passport, to secure her from capture; there to take in an equal number of American prisoners, and proceed with them to the United States. Captain Hillyar expressed some doubts of the propriety of this course, and adverted to a similar arrangement with the captain of the sloop of war
Alert,
captured by me, sent to St. John’s, Newfoundland, with my prisoners, and thence to the United States, with an equal number of Americans. He wished, if possible, to see the correspondence respecting this arrangement.

In the course of this conversation, he mentioned the stories related to him by the man who made his escape from the
Essex Junior,
respecting my treatment of prisoners. Some of these were of the most extravagant and malicious kind; and if true, rendered me unworthy of my country. They had made an impression on the minds of the British officers, much to my disadvantage, and were calculated to operate greatly to the injury of the American prisoners that might hereafter fall into their hands. I felt it therefore due to my country and countrymen, as well as to my own honour, that the thing should be perfectly explained and understood. I accordingly wrote him the following letter, and received a reply—both of which I shall lay before the reader.

U. S. Frigate Essex, Valparaiso,

23d Feb. 1814.

Sir,

As you have expressed some doubts respecting the correctness of an arrangement proposed by me for the disposal of the prisoners of war on board the ships under my command—and as those doubts were occasioned by a communication made by Admiral Duckworth to the secretary of the Navy of the United States, of which you had not a perfect recollection, I have done myself the honour to transmit a copy of a letter from the department, containing an extract from the aforesaid communication, by which you will be enabled to judge whether the objections made by the admiral can be here applied.

I also do myself the honour to send you the copy of a letter from the admiral to myself, as well as several other communications of a private nature, and beg you to restore the originals after you have perused and (if you think them of sufficient importance) taken a copy of them. I have been induced to do this from a wish to remove certain impressions which have been made on the public mind, highly prejudicial to the character of an American officer, and I assure you, although I have endeavoured to perform, and shall continue to do, my duty to my country to the utmost of my abilities, I disdain a mean and dishonourable act, whatever advantages may result from it. It has been my study to alleviate the miseries of war, and I have been rewarded in most instances with the basest ingratitude.

British boats, with British subjects on board, daily pass and repass between the shore and the ships under your command, when far beyond the jurisdiction of this port. It has frequently been in my power to cut them off; but I have not done so, under the persuasion that American boats, under similar circumstances, would be permitted by you to pass unmolested. I beg you to inform me, whether my opinion is correct?

I HAVE THE HONOUR TO BE, &C.

(Signed)
D.
PORTER.

Captain James Hillyar, &c. &c.

H. B. M. ship Phoebe, off Valparaiso,

24th Feb. 1814.

Sir,

I have the honour to acknowledge the receipt of your favour of yesterday, with its enclosures, and I beg you will accept my thanks for the trouble you have taken. The copy of Sir John Duckworth’s letter, and the extracts accompanying it, confirm me in my opinion that the cases are too nearly similar to justify my acceding to your proposition of sending one of your prizes as a cartel; and the British government would certainly disapprove of the act.

The letters from your prisoners must be highly gratifying to your personal feelings—and I hope the individuals who have benefited by your humane attentions, will feel themselves bound in honour to rescue your character from every unjust and illiberal aspersion.

I certainly could have no objection to American boats passing in the way British do to us under similar circumstances. They have all the governor’s permission.

I must now appeal to your humanity; repeat to you how anxious I am for the sufferings of my countrymen, at present your prisoners—and express my request that you will liberate them here, as the only expedient I can think of If you accede to it, I pledge myself that they shall not be permitted to serve on board any of his majesty’s ships, under my orders; and I will write immediately to the British government, that an equal number of Americans may be restored to their country.

I have availed myself of your permission to copy some of the papers and have taken the names of those who have acknowledged your goodness to them. The liberal minded will always do you justice—and a much higher reward awaits the performance of every Christian duty to an afflicted fellow-creature.

I HAVE THE HONOUR TO BE, &C
.

(Signed) JAMES HILLYAR.

David Porter, Esq. &c. &c.

It will be understood, from the foregoing letters, that the
Phoebe
and
Cherub
had gone to cruise off the port. The circumstance that hastened their going to sea was as follows: A signal from the Spanish Telegraph, on the hill, announced a sail in the offing. The morning being calm, I ordered the
Essex Junior
to get under way, and go in pursuit, towing her with the boats of the
Essex.
After reconnoitering the vessel, which proved to be a store ship of the enemy, the
Phoebe
and
Cherub
got under way, and made all sail to cut off the
Essex Junior
from the harbour, which they were near effecting, but for the timely aid of the Essex’s boats, which again brought her safe to her old anchorage.

On the 25th of February, I sent a flag of truce on board the
Phoebe,
with the following note:

U. S. Frigate Essex,
Valparaiso,

25th Feb. 1814.

Sir,

I have the honour to acknowledge the receipt of your letter of yesterday, and agreeably to your request and assurances, immediately liberated on parole the British prisoners who were on board the vessels under my command. Their obligation, as well as a certificate of their liberation, are herewith enclosed.

My feelings have been greatly roused by the scandalous reports which have been circulated respecting my conduct. Yet I hope I shall always have sufficient control over myself to prevent any change in my conduct towards those whom the fortune of war may place in my power; for, though such a change might be just, it would not be generous. I fear I have done injury to my country, and my fellow-citizens, by the practice of liberating British subjects who have fallen into my hands before they were exchanged. But the purity of my intentions was evident to Admiral Duckworth, and so long as my country does not disapprove of this mode, I hope I may be the means of averting some of those evils incident to captivity.

I HAVE THE HONOUR TO BE, &C.

(Signed) D. PORTER.

Captain James Hillyar, &c. &c.

H. B. M. ship Phoebe, off Valparaiso, 26th Feb. 1814.

Sir,

I received your letter announcing the liberation of my countrymen, as well as the accompanying obligation and certificate, and shall immediately transmit copies
of the letter to the British government. I beg you will do me the honour to accept my sincere thanks for your attention to my request, and remain, with sentiments of respect and consideration, Sir,

YOUR OBEDIENT SERVANT
,

(Signed) JAMES HILLYAR.

David Porter, Esq. &c. &c.

About this time, I thought it adviseable to know the sailing of my ship, and that of the enemy. I therefore chose a favourable opportunity, when the British vessels were to leeward, and unable to cut me off, to get under way, and let them chase me. I soon ascertained that the
Essex
had greatly the advantage, and consequently believed I could, at almost any time, make my escape from them. I did not like, however, to abandon the hope of bringing the
Phoebe
to action; and notwithstanding my own impatience to depart, I determined to keep it under control while I endeavoured to provoke my adversary to combat.

On the afternoon of the day on which the last letter was written, it being calm and the two British ships far in the offing, I towed one of my prizes, the
Hector,
to sea; and, when within the reach of their guns, set fire to her, and made my escape from them, notwithstanding every effort on their part, to cut me off. This insult had the desired effect. On the afternoon of the 27th, the
Cherub
was about two or three miles to leeward of the port, and the
Phoebe
was seen standing in for the harbour. At 5 o’clock she hove about, a short distance from me, with her head off shore, shortened sail, fired a gun to windward, and hoisted the flag containing the motto intended as an answer to mine. As every man on board my ship considered this a challenge, I did not hesitate a moment to accept of it as such. I immediately hoisted my motto, fired a gun, and got under way. The
Phoebe
now stood off shore and made sail. I followed her—increased sail—and was closing with her very fast, when, to my astonishment, she bore up before the wind, and ran down for her consort. My indignation was roused at this conduct, and I directed two shot to be fired ahead of her, to bring her to; but she continued on her course. I consequently hauled my wind and returned into port. When the
Phoebe
had joined her consort, both gave chase to me and after I had anchored, came gallantly into the harbour together.

I confess I felt exceedingly indignant at this conduct of Captain Hillyar and so expressed myself on shore, among the inhabitants. Certain of these expressions were communicated to the British residents in Valparaiso, and by them to Captain Hillyar. This state of affairs gave rise to another kind of annoyance. The
Cherub
was now too far off to hear the songs of the
Essex;
but still feeling sore at some taunts of my crew, on the score of the late challenge, addressed some letters to them, of a very insulting character, which were brought to me. They informed me they had answered them. I thought this a fair opportunity of rousing Captain Hillyar to offer battle again in earnest. I accordingly wrote the following letter with this express object.

U. S. Frigate Essex, Valparaiso,

14th March, 1814

Sir,

The two enclosed papers have been handed to me by my ship’s company and were delivered to one of my seamen by a British prisoner on parole, as coming from your ship. One of my seamen has also assured me that the crew of an English ship now in port have showed him a letter bearing your signature, holding forth encouragement to my people for deserting the cause in which they are now engaged. The style of the two papers is a sufficient evidence that they were not written by a common sailor. But, although I have received the most positive assurances respecting the letter, my knowledge of the character of Captain Hillyar will not permit me to believe him capable of so base an expedient to effect the object of his cruise

notwithstanding the circumstances, and alleged object of the
Phoebe
’s flag might induce a suspicion. It appears that my ship’s company have made some reply to the first of these papers; and it is highly probable that it was couched in the ordinary language of sailors. The most insulting epithets have been applied to them, and in the most public manner. I have not therefore thought it proper to restrain that indignation my people have felt, in common with myself at such proceedings. Their character, as well as my own, has been misunderstood; and if it is believed that we have wished to shake the loyalty of your seamen, I can positively assure you our intentions have been equally misunderstood. It is not necessary for us to resort to so pitiful an expedient—and were it necessary, I should spurn it. My men are equally prepared with myself to do our duty: they have given me innumerable proofs of their readiness at all times to die in support of their country’s cause: they have my unlimited confidence—I have theirs.

I HAVE THE HONOUR TO BE, &C.

(Signed) D. PORTER.

Captain James Hillyar, &c. &c.

To this letter Captain Hillyar returned a temperate reply, disclaiming in the strongest terms the conduct I had attributed to him; retorting the charge of his people being the aggressors in this paper war; charging my men with blasphemy; and finally hinting at various reports he had lately heard to my
disadvantage, but which he wished not to believe. Some other letters passed between us; of which both the originals and copies were lost in my capture. The crews of the hostile ships also continued to carry on the war, in poetry and prose: and some of the poetical effusions of our opponents were so highly meritorious as to cause a suspicion of their being the production of Captain Hillyar himself.

On the 16th of March, twelve days before my capture, the first lieutenant of the
Phoebe
came on board the
Essex,
under a flag of truce, and stated that he had a message from Captain Hillyar. Presuming it was another challenge, I required the presence of some of my officers, to which he consented. When they were assembled, I asked the purport of his message. He then stated, that Captain Hillyar had been informed, I had said that he acted in a cowardly manner by running away from the
Essex
after challenging her, but could not believe the report, and had sent him on board to ascertain the truth. I told him I had said so and still thought so. He then stated, that Captain Hillyar had entrusted him to tell me that his firing a gun and hoisting the flag, was not intended as a challenge, but as a signal to the
Cherub.
I replied that Captain Hillyar had informed me the motto of the flag was intended for my ship and that there was not a man, woman, or child in Valparaiso that did not think it a challenge. He still repeated that Captain Hillyar had desired him to assure me it was not a challenge.

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